OWN CORRESPONDENT, Johannesburg | Wednesday 11.30AM.
PRESIDENT Nelson Mandela’s testimony in the Pretoria High Court application by the SA Rugby Football Union to overturn a presidential inquiry into its affairs was criticised by the judge in his judgment, finally released on Wednesday.
In his 1159-page judgment giving his reasons for ruling in favour of Sarfu, Judge William de Villiers said: “His overall demeanor is, to my mind, subject to material criticism.”
On April 17 this year, De Villiers ruled in Sarfu’s favour without giving reasons in a 30-second ruling. He said at the time that his reasons would be furnished “later”.
De Villiers’s ruling set aside the presidentially appointed Browde commission of inquiry into Sarfu’s management. The hearing was notable in that Mandela was subpoenaed to testify personally. Despite the concerns of his legal advisers, he answered the subpoena, to become the first South African head of state to defend an executive decision in court.
In his judgment, released on Wednesday morning, De Villiers said the court recognised that it must have been a traumatic and humiliating experience for Mandela to be compelled to testify in circumstances where he perceived his veracity to be in doubt. However, the judge said it must be noted that Mandela flatly refused to answer certain questions, and raised arguments instead of replying to some questions. “The impression was created that he attempted to intimidate the cross-examiner from cross-examining him on matters relating to credibility,” Judge De Villiers said.
The judge added that on 10 occasions Mandela responded to questions by saying he had already answered when he in fact had not. The judge also accused Mandela of addressing “unbridled insults” at his cross-examiner.
“As a result of the president’s overall conduct … he was not fully tested as he would have been had he answered questions fully and frankly.”
Mandela will respond to the judgment later this week. “The president cannot make a definitive statement until his lawyers have studied the 1159-page judgment,” presidential spokesperson Parks Mankahlana said on Wednesday.